WASHINGTON -- Chief Justice John Roberts confirmed the authenticity of a leaked draft opinion suggesting that the Supreme Court could be poised to overturn the landmark 1973 Roe v. Wade case, which legalized abortion nationwide.He ordered an investigation into what he called an"egregious breach of trust.
"First, my administration argued strongly before the Court in defense of Roe v. Wade," Biden said, referencing oral arguments before the justices."We said that Roe is based on"a long line of precedent recognizing 'the Fourteenth Amendment's concept of personal liberty'... against government interference with intensely personal decisions."
"Second, shortly after the enactment of Texas law SB 8 and other laws restricting women's reproductive rights, I directed my Gender Policy Council and White House Counsel's Office to prepare options for an Administration response to the continued attack on abortion and reproductive rights, under a variety of possible outcomes in the cases pending before the Supreme Court. We will be ready when any ruling is issued," he continued.
"The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion," the draft concludes."Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives." The leak is an extraordinary breach of Supreme Court protocol and tradition. Never before has such a consequential draft opinion been leaked to the public before publication.The Dobbs case involves Mississippi's ban on abortions after 15 weeks of pregnancy -- well before fetal viability, the longstanding dividing line established by the court before which states cannot restrict a woman's access to the procedure.
The drafting of Supreme Court opinions, however, is a fluid and dynamic process, sources familiar with the internal operations have told ABC News. The document posted suggests a majority of justices is likely to side with Mississippi, but how broad a ruling will ultimately come down remains unclear.